IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 03.09.2025 Harjinder Singh --Petitioner Versus State of Punjab --Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BHARDWAJ.

Present:- Mr. Bhawesh Chaudhary, Advocate for petitioner (through V.C.).

Ms. Simran Goria, AAG, Punjab.

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RAJESH BHARDWAJ.J (Oral)

1. Present third petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.65, dated 03.07.2019, under Section 15 of NDPS Act (however charges were framed under Section 15-C of NDPS Act), registered at Police Station Ajitwal, District Moga.

2. Succinctly, the facts of the present case are that Police party while on patrolling on 03.07.2019 received a secret information to the effect that Harjinder Singh petitioner and others were indulging in selling of poppy husk. It was informed that persons as named in the secret information were to come from Moga along with the contraband. If the raid is conducted, they could be arrested along with contraband. On finding the information reliable, a raiding team was constuted and raid was conducted at the place, as disclosed by the informer. A Mahindra Pickup was seen coming. Four persons were found sitting in Mahindra Pickup while the applicant/accused ran away. They disclosed their names as Jagwinder Singh @ Rinku, Balvir Singh, Boota Singh and Sohan Singh. They were suspected to be carrying some contraband and thus their search was conducted. On being searched, 07 bags each weighing 10 kg. of poppy husk were recovered from vehicle. Thus, the FIR was registered and the four accused were arrested on the spot. On registration of FIR, the investigation commenced. During investigation the petitioner was arrested on 23.06.2024. The petitioner approached the learned Special Court at Moga for grant of bail. However, on hearing, the same was declined by the learned Special Court at Moga on 25.07.2024. The petitioner approached this Court twice by filing petitions i.e. CRM-M-49287 of 2024 and CRM-M-2137 of 2025 for grant of regular bail. However, the same were dismissed as withdrawn vide orders dated 15.10.2024 and 03.04.2025 respectively. Hence aggrieved, the present third petition has been filed.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in this case. He submits that as is evident, through his name was mentioned in the secret information, however, he was neither present at the spot nor any recovery was effected from him. He also submits that there is violation of Sections 42 and 50 of the NDPS Act. He submits that during interrogation, he was arrested on 23.06.2024. He further submits that out of 08 accused, 06 are already on bail. He submits that the alleged recovery in the present case is 70 kg. of poppy husk. It is also submitted that petitioner has not been involved in any other case and thus deserves to be granted bail.

4. Learned State Counsel has vehemently opposed the submissions made by learned counsel for the petitioner. He submits that during the investigation complicity of the petitioner surfaced and thus he was arrayed as an accused in the present case. He submits that in all, there are eight accused and six are on bail and the remaining two including the petitioner are behind bars. He submits on instructions, that 5 prosecution witnesses are yet to be examined in the present case. He has produced on record the custody certificate of the petitioner.

5. After hearing learned counsel for the parties, it is deciphered that this is third petition filed by the petitioner, though the earlier two petitions were allowed to be dismissed as withdrawn on 15.10.2024 and 03.04.2025 respectively. Further, in the facts and circumstances of the case, the recovery in the present case is 70 kg. of poppy husk, which is commercial in nature and thus, attracts provisions of Section 37 of NDPS Act. Neither the petitioner was arrested from the spot nor any recovery was made from him.